Yet again, I will have to quote the HSMP precedent.PaperPusher wrote:I give up. I take it you are not studying a subject like law or philosophy. Perhaps there is a language barrier here.Tier 4 wrote:Who said they can’t change, they can change for prospective students / future applicants.PaperPusher wrote:This is on the current application declaration:
I am aware that the rules and regulations governing Points Based System applications may change in the future and do not assume that the requirements covering any future applications will be the same.
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf
If people signed this sort of declaration, then it seems they declared they were aware the rules may change.
They clearly mention future application not current students. Other wise it could be like this:
I am aware that the rules and regulations governing Points Based System applications may change at any time during the current leave and do not assume that the terms of your current point base category will remain the same.
Got it?
"Any future application" seems pretty all encompassing to me.
Please read this http://russian.gherson.com/pdf/Successf ... hanges.pdf
The judicial review was not based on entirely on laws because UK immigration laws are complex, and to some point 'contradict' themselves with other laws in the country. The judge outweighed reasons to favour the migrant instead of the UKBA/SSHD due to this fact. [Btw, HSMP holders were required to sign similar declaration on their application form, just so you know]
And like I have said EARLIER, any legal case in the courts i.e. even in property one can always challenge it in the courts. A tenancy agreement can be challenged in courts if it is unfair, despite it is signed. So you can sign but again its up to the solicitors to prove a strong case of unfairness and for the judiciary to decide.
It's true the government can do anything they want. It's true people were made to sign this declaration - but to be really honest, did they have a choice not to? Would their initial application be processed if not? So technically it's more of a 'threat' and disposal of liability from the UKBA part of the game.
But I think this will be my last time commenting on the negative aspect of this thread. It is because we are all trying to save the PSW not giving up. We do not need negativity but more of positive motivation. We will try our best and not dampened by quarters trying to lower our morale.
I will be more interested to follow up with people who are suggesting ways to get our message across to win this cause. I will be more intrested for people coming out and getting involved to champion this issue. I'd rather not comment or reply to those trying to demotivate us. What's the point, even? Wasting my energy and brain cells when I can put to better use in generating creative solutions to the problem at hand.